My children's father is a disabled veteran that is 70 percent service connected.He was declared incompetent a few years back which caused his funds to go to a fuidicary. His mother is in control of the children's benefits somehow. She has told me that they receive $500.00 a month combined for them. I looked at the pay chart for a veteran with one child that is 70 percent service connected and they receive $1442.48. I need to know how I can find out the exact amount their receiving and how can I get the money issued to me??
First up...it's very unusual for a veteran who is rated at 70% to be declared incompetent and be appointed a fiduciary. Most fiduciary appointments are made to veterans who are rated 100% and who also have a large retroactive payment of past due benefits, usually in excess of $20,000.00. That you mention 70% makes me wonder if your ex isn't rated as 100% TDIU. The 70% rating is the point at which the veteran becomes eligible for the 100% TDIU benefit. It's entirely possible the mother of the veteran could have been appointed as fiduciary. If that's the case, he may be receiving twice or more the amount of money you think he is.
In any case, if you aren't receiving the child support or alimony payments that are stipulated in your divorce decree, you may want to file for an apportionment of his VA disability money. This isn't difficult to do, you complete the appropriate form here https://www.vba.va.gov/pubs/forms/VBA-21-0788-ARE.pdf
As you do that you should talk with your state office of child support so you can verify exactly what is owed. The more detail in the way of court orders and records you can provide, the better. VA wants to see accurate records like the divorce decree stips. You can't just say he owes money, you have to prove it. The VA sees it's first responsibility as being to the veteran so you must show why they should take money from him to give to you.
It's best to provide all that the first time...appealing a denial here is very difficult. You might also want to speak to an assistant district attorney in your local system to see if they have a child support enforcement task force.
Once you complete the form and make a copy for your records, use certified mail to deliver it to:Department of Veterans Affairs Claims Intake Center PO BOX 4444 JANESVILLE, WI 53547- 4444
We suggest that you also fax the form to:
Toll Free Fax: 844-531-7818
You can find much more here
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